The Jones v GECOM et. al. Application having been disposed of, a number of observations must be made with respect to the decision, GECOM in general, and the APNU.
Jones v GECOM et. al. decision:
- Chief Justice (ag), Roxane George, understands that she stands at the cusp of history as it relates to Guyana’s democratic and constitutional order.
- The Chief Justice (CJ) (ag), through multiple judgments, underscored the importance of developing strong constitutional principles.
- The CJ (ag) through her judgments has strengthened Guyana’s constitutional order, and must be applauded for the clarity of the Jones’ decision.
- While criticisms of legal judgments are par for the course, the people of Guyana owe the CJ (ag) a debt of gratitude for the judgments delivered thus far (by the CJ) in this 2020 Elections saga.
- The Chair must be clear that the priority at this stage is a declaration.
- Respectfully, Mrs. Kyte-Thomas and her client should set a definite time limit, rather than being open to further delays; they should be clear that this so called “precedent” of “doing nothing” is now at an end. Absent this, Guyana will be without a declaration indefinitely.
- At this late stage, GECOM must stop staying its hand and bring the 2020 Elections to a close. There should be no more stalling of the work of the commission for the inexhaustible array of cases that the APNU may/would undoubtedly invent.
- GECOM’s Chair must privilege a declaration which must be made quickly, and pursuant to the law. This necessarily involves the following in quick succession: request the CEO’s report; if he dithers, dismiss him, appoint a substitute, and re-request the report; repeat, if necessary. This must be done within a matter of hours. Insubordination by any of the secretariat’s staff must be efficiently addressed.
- GECOM’s Chair should not accept absences from any Commissioner and must demand strict attendance at meetings called. If any Commissioner chooses to suddenly become sick, unavailable and unreachable, the Chair must proceed as per law.
- Delays are wreaking unprecedented destruction on the social fabric of Guyana.
- Speak to your supporters and explain to them that you have egregiously erred. Your supporters, despite public declarations, are aware that you have lost the elections.
- Stop this charade and start acting responsibly. The endless legal cases must end now.
- Get on with the task of preparing for the inevitable elections petition.
- Regroup and start organizing for the 2025 elections, or an earlier one, if the elections petition is successful.
- Cathy Hughes, Haimraj Rajkumar and David Patterson should follow the example set by Mr. Gaskin. Do not destroy great potential at the altar of expediency.
- Lawyers for APNU and its plethora of private citizens should provide sage counsel; these endlessly vexatious cases do a disservice to the law.